Family of Officer Thomas Orr III files suit against Californos, alleged shooter

The father of a 30-year-old Lee’s Summit police officer who was fatally shot while he was attending a party off duty in Westport has filed a wrongful death lawsuit against the owner of Californos and the alleged shooter.

The lawsuit, filed by Thomas Orr Jr. on behalf of his son, Thomas Alvin Orr III, in Jackson County Circuit Court, alleges negligence against Californos, the restaurant that hosted an all-day party in August known as Recovery Sunday.

The suit also names Sean D. Steward who allegedly fired shots into a crowd that struck the officer, who was off duty while attending the party.

Orr, who also was a middle school resource officer, was not the intended target. He was an innocent bystander, police said.

Jackson County prosecutors charged Steward of Kansas City with second-degree murder and armed criminal action in the Aug. 20 shooting death.

The wrongful death lawsuit alleges the restaurant failed “to provide adequate security,” despite a “history of violent activity” in the Westport area and also citing a Facebook event page that said door staff there was expected to “monitor admission and check for prohibited items” on the night of the event.

“Beyond the individual family tragedy the message we feel on behalf of the family and the community — we feel is it for the violence in Westport to stop,” said Antwaun Smith, an attorney who represents the Orr family. “There have been too many violence incidents in this part of our city.”

Over a three-year period from 2015 5o 2017, 92 violent offenses had been reported in the Westport entertainment district. That included 83 aggravated assaults, seven domestic violent assaults and two homicides. Sixteen gun-related offenses occurred in the district in 2016, according to the lawsuit.

During the first ten months in 2017, 65 gun-related incidents were reported in the Westport area.

“This is information Californos knew about and they didn’t do anything to institute the kind of adequate security measures that were really require for the parties they were hosting on the weekends,” Smith said.

Restaurant officials declined to comment on Friday about the lawsuit.

According to the lawsuit, a witness told investigators that they saw Steward fire a handgun and run down a flight of stairs and out of the bottom entrance of the restaurant.

The shooting happened after one man struck another man in the face, causing him to fall to the floor. Steward allegedly fired into the crowd, then sped away. Another witness told police that several people at the party told her that Steward fired the shots that killed Orr and struck a woman.

The lawsuit alleges that, “due to the lack of security on Defendant Californos’ premises, Defendant Steward and his associates were able to physically attack a Recovery Sunday attendee, run away from the altercation, pull out firearms, fire recklessly into the crowd of bystanders, flee the premises, and enter a vehicle without being stopped.”

The family is seeking recoup Orr’s lost wages, funeral expenses and other compensation.

This story was originally published January 26, 2018 at 11:00 AM with the headline "Family of Officer Thomas Orr III files suit against Californos, alleged shooter."